Saturday, 20 July 2019

WHISTLEBLOWERS who lift the lid on corruption will soon be
entitled to rich rewards while their security will also be guaranteed under a
raft of new measures proposed by the Zimbabwe Anti-Corruption Commission (Zacc)
to fight festering rot in both the public and private sector.

The proposals, exclusively obtained by our Harare Bureau ,
are contained in the principles for the amendment of the Anti-Corruption Act,
which are now before the Attorney-General’s Office and the Office of the
President and Cabinet.

Under the proposed amendments, whistleblowers will now
receive protection from the State as part of an elaborate witness protection
programme.

They also seek to broaden the scope of the existing
Anti-corruption Act in order to reinforce existing legal statues.

Through the envisaged law, informers will only pocket
monetary rewards for alerting authorities if the volunteered information is
passed as credible.

“…the law shall provide for rewards to whistleblowers only
if the information leads to successful investigations, prosecution and
recovery.

Citizens who step forward to disclose wrongdoing,
particularly when public safety, health or resources are at stake, should be
acknowledged and protected and not to fear being punished or ostracised,” reads
part of the recommendations.

Whistleblowers will also be guaranteed anonymity as well as
protection against intimidation.

“The law shall protect the whistleblower against any
disadvantage suffered as a result of whistle-blowing.

This shall extend to all types of harm including dismissal,
job sanctions, punitive transfers, harassment, loss of status and benefits and
other issues,” the draft law further reads.

However, the graft-fighting body also proposes “reasonable
sanctions to discourage false reporting”, but “honest and reasonable errors”
would not be sanctioned.

Further, individuals who disclose information to enjoy
immunity from disciplinary proceedings and “liability under criminal, civil and
administrative laws, including defamation and official secrets act” would also
get a waiver of liability.

Zacc’s legal experts told our Harare Bureau that the
recommendations were in line with the Constitution.

“We are now awaiting for the advice from the
Attorney-General’s Office as well as the Office of the President and Cabinet.

We made these recommendation in line with Section 255
(1)(h) of the Constitution of Zimbabwe Amendment (No. 20), 2013, which stipulates
that Zacc has the function to make recommendations to Government and other
persons on measures to enhance integrity and accountability and prevent
improper conduct.

We have made these recommendations after realising the gap
in the legal framework, the absence of whistleblower and witness protection
legislation,” said Zacc officials in off-the-record briefings.

The alignments, the experts also added, were in line with
international conventions such as the United Nations Convention against
Corruption, the African Union Convention on preventing and Combating
Corruption, and the Southern African Development Community Protocol against
Corruption, which all oblige signatory member states to ensure best practice
and compliance on whistleblower and witness protection.

In her inaugural press conference last month, Zacc
chairperson, Justice Loice Matanda-Moyo said the commission would prioritise
opening its doors to whistleblowers.

“Zacc wishes to assure members of the public that
whistleblowers would be protected.

The commission has forwarded to the Attorney-General its
recommendations for a comprehensive whistleblower framework which is in line
with the requirements for the provisions United Nations Convention against
Corruption and other best practices.”

According to Zacc’s recommendations, new legal statutes
should be promulgated to give the commission powers to embark on sting
operations to nab culprits.

“The law shall empower the Commission to sanction the
Commission’s investigators to set up valid traps because entrapment is very
central in gathering evidence,” added the recommendations.

Other proposals by Zacc include reinforcing existing
legislation for a new section that makes it a duty for all citizens to report
corruption and penalise persons who intentionally fail to expeditiously report
cases.

Some of the issues raised by the workers included the
awarding of the Gwanda solar project to Wicknell Chivayo without following
laid-down procurement procedures and payment of the US$5 million to him without
bank guarantees, as well as a dodgy public relations project involving former
Minister of Energy and Power Development Dr Samuel Undenge and Messrs Oscar
Pambuka and Psychology Maziwisa. Herald